How long can the police hold my phone for?

1st Mar 2018

My house was raided for my son 4 months ago and the police took my phone but still have it. I wasn't arrested or nothing.

CATEGORY: Criminal


2 answers
  • Kent Criminal Law

    If you know who the officer in the case is, contact them and assuming that it is not evidence on which the Crown seek to rely, they should return it to you. If the police do not answer you or refuse to return the phone, you will need to make an application to the local magistates court for a hearing under the provisions of the Police Property Act 1897. Unless there is a good reason for the police seeking to retain it, the magistrates will order its return.

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    Kent Criminal Law

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  • ULA Solicitors [Incorporating Ullah Law Associates]

    Your son should have a solicitor who assisted him at police station or taking the case further, if police is, you should contact them and they will put your request forward to the office in case. in most cases, they would return the phone as they just need to extract the data from the phone, once that is completed, they can return the phones back to you. officers do always cooperate, but depends on the situation of the case etc, solicitor should be able to get the phone back.

    your last ressort should be to contact Local Mag Court to obtain an order against police. before going to the court, Do keep it mind that your son's case is ongoing so, obtaining an order or making an application could aannoy the officer.

    if you need further assistance, we are happy to help.

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    ULA Solicitors [Incorporating Ullah Law Associates]

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